Constitutionalism and Religion

Constitutionalism and Religion

Elgar Monographs in Constitutional and Administrative Law series

Francois Venter

This topical book examines how the goals of constitutionalism – good and fair government – are addressed at a time when the multi-religious composition of countries’ populations has never before been so pronounced.

Chapter 2: Globalization, constitutional law and religion

Francois Venter

Subjects: law - academic, constitutional and administrative law, law and society, legal philosophy


Where law meets religion, constitutional law as the normative framework for the allocation, regulation and limitation of public authority is innately prominent. For the purposes of gaining an understanding of the contingencies and questions that arise from this meeting, it is necessary to update the image that this discipline of law evokes in one's mind. In fact, closer scrutiny reveals a measure of urgency for a 21st Century revision of some of the tenets of constitutional law that have gone unchallenged for too long. To this we will return in Chapter 7. The urgency for the proposed conceptual reconnaissance is emphasized by the escalation of the tempo of globalization which produces the potential for both increased uniformity and challenges to established constitutional thought. Globalization is, however, not an uncontested concept and so is the idea that globalization-induced constitutional comparison has become indispensable to the field. This chapter therefore probes the linkages between constitutional law and globalization and the effects of constitutional comparison on constitutional thinking around the globe. In the journal Scientific American, which is widely read around the world by scientists of many stripes, Professor John Sexton of New York made the following observations in 2012 regarding globalization: [T]he speed and ease with which we now communicate have so accelerated the flow of ideas that the scientific enterprise is more interconnected than ever before.

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